3 June 2024
Some of our family lawyers also work as mediators. I am one of them. Mediation in family law cases is on the rise. Nevertheless, some ambiguities about mediation still exist.
In my weblog ‘What are the benefits of mediation?’ I explained mediation and discussed its benefits. In this weblog, I mention several other benefits of mediation.
During a mediation process, it is possible to reach agreements beyond the jurisdiction of a court. For example, it is possible to open a children’s bank account with regard to children’s expenses. Both parents then gain insight into this children’s account. Court proceedings will always end in a contribution towards child maintenance, which one parent must pay to the other parent. Another example is agreeing on a lump sum when it comes to spousal maintenance. A court does not have that option; if spousal maintenance is involved, a court will decide that one partner must pay an amount to the other partner.
There are also issues where the court does have the ability to rule on them, but it does not happen very often in practice. Consider, for example, a (temporary) birdnesting period that enables children to remain in the family home and spend time with each parent there. Or (temporarily) leaving the marital/joint home undivided. Another example is registering the children at different addresses.
Finally, another benefit of mediation compared to court proceedings, is that it is a lot more informal.
Do you have any questions about mediation? Please do not hesitate to contact us.
